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This paper examines the alternative solution known as "reparatory agreements" contemplated in the Chilean Code of Criminal Procedure as a cause for extinction of criminal liability. For this purpose, its most relevant characteristics are examined, contrasting them with the postulates of restorative justice and based on this contrast, its relevance as a cause of extinction of criminal liability is reviewed, as well as the similarities with other similar causes and whether or not it belongs to the expressions of forgiveness. [ABSTRACT FROM AUTHOR]

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En este artículo se busca dar a conocer la reciente experiencia, implementación e impacto que tuvieron los Comités de Prevención y Solución de Conflictos Mario Juliano[1] como dispositivos en materia de Justicia restaurativa dentro de unidades del Servicio Penitenciario Federal de la República Argentina, donde se encuentra alojada la población joven adulta. Desde una perspectiva socio-antropológica y jurídica se pretende indagar sobre el propósito y la implicancia que tienen los dispositivos de Justicia restaurativa dentro del ámbito penitenciario, relevar y visibilizar a la población joven adulta que se encuentra alojada en las unidades penales y describir y analizar en qué consiste la puesta en funcionamiento de los Comités destinados específicamente a los jóvenes adultos. This article aims to present the recent experience, implementation, and impact of the Mario Juliano[2] Conflict Prevention and Resolution Committees as Restorative Justice mechanisms within prison units of the Federal Penitentiary Service of the Argentine Republic, where the young adult population is housed. From a social, anthropological, and legal perspective, the aim is to inquire into the purpose and implications of restorative justice mechanisms within the penitentiary environment, to survey and make visible the young adult population that is housed in prisons, as well as to describe and analyze the implementation of the Committees specifically designed for young adults. [1] Mario Juliano fue Juez Penal, Director Ejecutivo de la Asociación Pensamiento Penal e integrante del Comité de Prevención y Solución de Conflictos del penal de Mar del Plata, mejor conocida como cárcel de Batán, Provincia de Buenos Aires. Mirta López González es quién implementó los Comités de Prevención y Solución de Conflictos que funcionan actualmente en las unidades penitenciarias de Ezeiza y Marcos Paz, es también quien está a cargo de la coordinación de los mismos. [2] Mario Juliano was a Criminal Judge, Executive Director of the Asociación Pensamiento Penal and member of the Conflict Prevention and Resolution Committee of the Mar del Plata prison, better known as Batán prison, Province of Buenos Aires. Mirta López González is the person who implemented the Conflict Prevention and Resolution Committees currently operating in the penitentiary units of Ezeiza and Marcos Paz, and is also in charge of their coordination.

Restorative Justice has triumphantly entered the core of the Italian "penal citadel". The "Cartabia Reform" (Legislative Decree nº 150/2022) provided an organic and detailed regulation of the "giustizia riparativa" and a new and complex organisational infrastructure for it. Now, in Italy, restorative processes can be applied to all offences and at any stage of the criminal procedure. Restorative processes' effects on the penal system are various, although generally not so impactful, and globally reasonable, if properly framed. On the other hand, in the procedural field, serious problems arise, which can generate distorting dynamics. The new Italian legislation offers an opportunity to reflect on a new paradigm of justice and on its complex relationship with the criminal justice system. [ABSTRACT FROM AUTHOR]

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El presente artículo pretende analizar bajo qué condiciones la justicia restaurativa, a través de su mecanismo más usado -la mediación penal-, es una opción válida para mitigar y prevenir las consecuencias de los delitos de violencia de género y pareja en Chile, mejorando la seguridad futura de las víctimas, para lo que se ha usado una metodología cualitativa, exploratoria-descriptiva, que permite identificar los factores que posibilitan u obstaculizan la incorporación de mecanismos restaurativos en el tratamiento de estos delitos, dentro del sistema penal acusatorio y de corte continental chileno, concluyendo que, conforme a la oferta que realiza dicho sistema de orientación punitiva y a los resultados obtenidos respecto a dichos delitos, no se ha logrado obtener los fines preventivos esperados y tampoco se han brindado soluciones reparadoras conforme a las expectativas de las víctimas. Por el contrario, se evidencia un aumento sostenido del índice de delitos de amenazas, lesiones y femicidios, por lo cual parece necesario ofrecer un abordaje integral y sistémico, que prevenga la escalada de violencia y considere los aspectos íntimos y relacionales entre hombres y mujeres. Así, los mecanismos restaurativos, como la mediación penal, emergen como una opción intra-judicial y sustitutiva al proceso penal, sirviendo como complemento y alternativa plausible de reparación.

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Within Basque society there exists a special subset of human beings, painful I–You binomials, forever linked through blood, by the lethal terrorist gun. Fortunately, today victims face a much more hospitable society, but it is still a moment rife with contradiction. One part of Basque society finds it difficult to imagine a shared collective memory that will faithfully reflect the excesses committed by Euskadi ta Askatasuna (ETA) and the Spanish state regarding human rights abuses. These misgivings are easily understood when some still debate the humanity of the victims themselves. Another part of Basque (and Spanish) society questions the political intent of restorative practices, of those experiences that bring victims and victimizers together within the framework of restorative justice, a political stance that, like in the first case, highlights the need to humanize the Other in the name of peace. The creative world of the arts, more specifically, the films studied in this article, move in a different direction and beg the question: if the processes of restorative justice are uniquely designed to be experienced in a triangulated scenario – one shared by victim, victimizer, and the dead – what might these conversations offer a society in need of better models of co-existence when put on the screen? Can art mediate? [ABSTRACT FROM AUTHOR]

'Coming back from the dead: Finding justice for Joxi' is an in-depth interview with Pilar Zabala Artano, a sibling of Joxi Zabala who was brutally tortured and murdered by the Grupos Antiterroristas de Liberación (GAL) in 1983. The conversation focuses on her brother as she addresses human rights abuses and the use of torture by the Spanish state. Pilar Zabala also discusses her own personal journey of recovery through restorative justice practices, her human rights advocacy, and her vision of making historical memory a centerpiece of democracy for Basque and Spanish societies. [ABSTRACT FROM AUTHOR]

In October 2011, the terrorist organization Euskadi ta Askatasuna (ETA) announced a definitive cease fire. Just a few months prior, restorative justice experiences had started between imprisoned former ETA members and victims of terrorism along with coexistence workshops in the Nanclares prison, events geared towards trying to heal wounds in the aftermath of political violence. Although these are mainly private and personal experiences, with emotional effects in the participants in the encounters, they may also facilitate projects of wider social reconciliation. This article points out the lessons we have learned during these experiences as far as ex-ETA militants are concerned and the potential of these restorative justice practices for active responsibility, individual healing and reintegration in the community. [ABSTRACT FROM AUTHOR]

In 2011, a pioneering experience of restorative justice was carried out in Spain through restorative encounters between individuals who had suffered the violence of the terrorist organization ETA and those who had exercised it. These encounters, unthinkable at first, were the seed of a practice that is currently becoming more frequent. This article offers a brief introduction outlining the differences between retributive and restorative justice and then describes the experience taking into consideration the motivation of both victims and perpetrators, the conditions needed to make them possible and the outcomes. This article also provides information regarding the number of encounters, where they took place and who the people in charge of their design and implementation were. The author acted as a mediator in the encounters and provides an account from her perspective as one of the key people involved in the process. [ABSTRACT FROM AUTHOR]

Armed political conflict is no stranger to contemporary Europe. Radicalized nationalist ideologies, state-sanctioned ethnic and religious violence, revolutionary separatist organizations, state-supported armies and police forces turning against civilian populations, insurgents and counterinsurgents, a long list of actors embodying the dance of death in recent times. This Special Issue of the International Journal of Iberian Studies (IJIS), 'Unspeakable Truths', will focus on the aftermath and the road to recovery after Basque ETA armed conflict in Spain–France (1959–2011) through the lens of affect, restorative justice, memory, peace-making efforts, and the arts (literature and film) thanks to contributions by academics, ETA and GAL victims, filmmakers, restorative justice practitioners and mediators of the Nanclares process, and peace activists. [ABSTRACT FROM AUTHOR]

This academic article aims to address restorative justice, from the application of the regulations of the Ecuadorian State in cases of violence in the couple. In recent years, the study of restorative justice has focused on identifying needs and opportunities for improvement. In the investigation called "Masculinities and Gender Violence: Condemning sentences carried out for violations of violence in the couple, in the Violence Unit against Women and Members of the Family Nucleus of the Cuenca Canton" results were obtained by collecting information in the Unit Violence Court. For this reason, an analysis is carried out on the sentencing indicators, specifically on the sanctions for violations of violence in the couple, such as custodial sentences and community work. These have been studied from the restorative justice approach, analyzing the comprehensive reparation and mediation as main postulates. [ABSTRACT FROM AUTHOR]

Voluntary reparation of the damages caused by the crime to the victim as a circumstance that mitigates criminal liability, acquires special relevance in judicial practice because, stripped of the moralistic tints of other times, it is aligned with a restorative criminal law that focuses on satisfying the interests of the victim, without forgetting the preventive effects of the fact that the offender proceeds to repair or diminish the effects of the crime. An excessively utilitarian and objectified vision of it can lead to confusing the circumstance with the civil liability derived from the offence and frustrate its purpose. For this reason, it is necessary to interpret its material and temporal elements from a restorative point of view that does not forget the preventive purposes. [ABSTRACT FROM AUTHOR]

Quite recently, Italian Law 67/2014 extended the messa alla prova scheme to adult defendants, albeit not exactly with the same features as for juvenile ones. There are indeed some important differences: first about the types of offences and about Community Service Work, and also about the use of restorative justice practices. This paper suggests some questions, using the concept of legal culture: 1. the involvement of the various players, because they have varying degrees of power, resources and tools; 2. the probation scheme and its purposes, because it could be useful to re-habilitate, or to restore, or something else; 3. the use of restorative justice, which appears less than widely used, and the engagement of the victims of the crimes admitted to messa alla prova programmes. Legal culture is crucial for messa alla prova, as it benefits from the convergent approach of different views and professions. Recientemente, la ley italiana 67/2014 extendió el esquema de messa alla prova a todos los acusados adultos, si bien no exactamente con las mismas características que para los acusados menores. De hecho, hay algunas diferencias importantes: primero, en relación con los tipos de delito y el trabajo comunitario, y también en relación con el uso de prácticas de justicia restaurativa. Este artículo sugiere algunos temas utilizando el concepto de cultura jurídica: 1, la implicación de varias partes, porque tienen distintos grados de poder, recursos y herramientas; 2. la libertad condicional y sus objetivos, porque podría ser útil para rehabilitar, para restaurar, o para algún otro fin; 3. el uso de la justicia restaurativa, que parece ser poco utilizada, y la implicación de las víctimas de los crímenes admitidos en el programa de messa alla prova. La cultura jurídica es esencial para la messa alla prova, porque se beneficia del enfoque convergente de distintas visiones y profesiones. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1301

In this text, after focusing the analysis on the incidence of patriarchy in law, we want to trace the basic defining lines of the three currents of feminism that can be differentiated in relation to penal issues: prison feminism, feminist guaranteeism and anti-punitive feminism. Secondly, starting from this last thesis, some key arguments will be developed to deepen in the development of a feminism attentive to the dangers of punitive logic, the creation of frameworks that move away from punitivism as an expression of patriarchy and approach other strategies. On this path, synergies with critical criminology, restorative justice and penal guaranty are necessary. En este texto, luego de centrar el análisis en la incidencia del patriarcado en el derecho, se quieren trazar las líneas definitorias básicas de las tres corrientes del feminismo que se pueden diferenciar en relación a la cuestión penal: el feminismo carcelario, el feminismo garantista y el feminismo antipunitivista. En segundo lugar, partiendo de esta última tesis, se desarrollarán algunas claves para profundizar en el desarrollo de un feminismo atento con los peligros de las lógicas punitivas, la creación de marcos que se alejen del punitivismo como expresión del patriarcado y se acerque a otras estrategias. En este camino las sinergias con la criminología crítica, la justicia restaurativa y el garantismo penal se muestran como necesarias. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1263

The norm that regulated the infraction of the adolescent on the criminal law was established in the Fourth Book, Title II, Chapter III of the Code of Children and Adolescents, which proposed as an end their rehabilitation and social reincorporation, whose modification through Legislative Decree No. 1204 provided three sanctions to replace socio-educational measures: socio-educational sanctions, the limitations of rights established by certain prohibitions and deprivation of liberty, the increase in the sentence of deprivation of liberty, which was observed by the Committee on the Rights of the Child, which recommended its repeal to the Peruvian State. This was adopted by the State in search of solving the great increase in crime, especially juvenile hired killers, which due to their benign punishments were used by organized crime, therefore, to protect human rights, the State developed a system of juvenile justice within the framework of international standards, by enacting the Code of Criminal Responsibility for Adolescents that required a sufficient implementation that the State could not fulfill due to its scarce budget; for this reason, it was not possible to resolve the problem of juvenile delinquency, especially in relation to hired assassins, which originates debates on a possible hardening of sentences and their sanction as adults. In this sense, this work investigates the factors that prevent a correct application of restorative justice in the solution of juvenile hired killers. [ABSTRACT FROM AUTHOR]

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The criminal treatment of minors who transgress the criminal law is a recurring concern, given the increase in criminality. Justice is demanded regardless of whether the fundamental rights of minors are violated. This article studies the Adolescent Criminal Responsibility System in Colombia, the sanctions it contemplates, its restorative justice approach, although framed within criminal law. This system considers the deprivation of liberty sanction as a last resort for exceptional use, but this principle is not fully applied. At the same time, there is pressure to increase sentences, which may violate the best interests of the child. It is concluded that it is essential to reinforce the application of restorative justice in order to comply with the purposes of prevention, reparation, and social reintegration of minors. [ABSTRACT FROM AUTHOR]

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Youth Restorative Justice in Argentina: Discourses and Dilemmas of a Burning Approach analyses the web of meaning that run through the discourses of different juvenile justice actors who promote the use of the restorative approach in Argentina. The findings are discussed within the paradoxical Argentine context, in which advances of rights coexist with punitive demands. The materials analysed arise from empirical research carried out between 2016 and 2019. [ABSTRACT FROM AUTHOR]

analyzes how the implementation of restorative systems has operated in Chile, two decades after the transition from the inquisitorial criminal procedure system to an accusatory one, which incorporates the principle of opportunity, in replacement of the oral trial. For this research, a qualitative, dogmatic and empirical methodology was used, with a descriptive and exploratory design and a limited field work. It is concluded that, unlike some Latin American countries, where these restorative mechanisms have been applied massively, in Chile this did not occur, and this restorative approach has not had an influence on the solution of the criminal conflicts that would have been expected. [ABSTRACT FROM AUTHOR]

The research investigated the relationship between the status of restorative justice (JR) and the process of social reintegration (PRS) in adolescents who have broken the criminal law. Bearing in mind that it is a study of a basic, quantitative and relational nature; We worked with a population of 146 participants, including lawyers, workers and adolescent offenders, from which a stratified representative sample of 129 participants was obtained. The tools that were used in order to weigh the ordinal categorical variables were validated in their content -judges- and their reliability -Cronbach's alpha-, applying a pilot test with 30 participants. Spearman's rho correlation coefficient was applied to test the hypotheses, obtaining favorable results, which in the case of the general hypothesis, indicates the existence of a relationship between the variables analyzed, since the p-value is equal to 0.000. [ABSTRACT FROM AUTHOR]